According to a press release of 16 June 2011, the European Commission requests Germany “to remove barriers to trade” and “to change current rules and practices (Bauregellisten) concerning construction products which today impose additional requirements for products covered by European harmonised standards, and bearing the CE marking. Such additional requirements are in breach of EU Single Market rules.”
“The German authorities often demand ex-ante approval and further additional certifications”, such as the German Ü mark (“Ü-Zeichen”), “for construction products, which have already proven to satisfy all applicable requirements via the CE marking. As a result, construction products with the CE marking from other Member States are often denied access to the German market. In addition, the German legislation in question is not updated frequently enough to provide manufacturers with sufficient legal certainty in relation to the applicable requirements for construction products.”
It is not yet foreseeable what the results of this EU infringement procedure will be.